Common use of Disclosure of Government Interests in Settlement Land Clause in Contracts

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11F- 11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or 5.7.1. 4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.

Disclosure of Government Interests in Settlement Land. 5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are: 5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S.C. 1985, c. F-11F- 11, other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act; 5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development; 5.7.1.3 under the administration and control of the Commissioner and, (a) under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65, (b) subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or (c) occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65; or 5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65. 5.7.2 For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing: 5.7.2.1 the department or entity having management, charge or direction of the land in 5.7.1.1; 5.7.2.2 the nature of the reservation in 5.7.1.2; and 5.7.2.3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or 5.7.1. 4 or the nature of the reservation in 5.7.1.3(b). 5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office. 5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare 5.7.4.1 that: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 5.7.4.2 in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation. 5.7.5 For the purposes of 5.7.1 and 5.7.4: 5.7.5.1 Government in 5.7.1.1 means Canada; 5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and 5.7.5.3 Government in 5.7.1.3 means the Yukon.